THE CIVIL LAW
INCLUDING
The Twelve Tables, The Institutes of Gaius, The Rules of
Ulpian, The Opinions of Paulus, The Enactments
of Justinian, and The Constitutions of Leo:
Translated from the original Latin, edited, and compared with all accessible systems of jurisprudence ancient and modern.
By S. P. SCOTT, A. M.
Author of "History of the Moorish
Empire in Europe," Translator of
the "Visigothic Code"
IN SEVENTEEN VOLUMES VOL. XV.
CINCINNATI
THE CENTRAL TRUST COMPANY
Executor of the Estate Samuel P. Scott, Deceased
PUBLISHERS
CONTENTS OF VOLUME XV.
THE CODE OF JUSTINIAN.
SECOND EDITION. (Continued.)
BOOK IX.
(Continued.)
TITLE VI. PAGE
WHERE THE DEFENDANT OR THE ACCUSER DIES ....................... 3
TITLE VII. WHERE ANYONE REVILES THE EMPEROR. ............................. 4
TITLE Vill. ' ON THE LEX JULIA RELATING TO TREASON ............................ 4
TITLE IX. ON THE LEX JULIA RELATING TO ADULTERY AND FORNICATION .......... 8
TITLE X. WHERE A GUARDIAN CORRUPTS His FEMALE WARD. ................... 18
TITLE XI. CONCERNING WOMEN WHO COPULATE WITH THEIR OWN SLAVES. ....... 19
TITLE XII. ON THE LEX JULIA RELATING TO PUBLIC OR PRIVATE VIOLENCE. ......... 19
TITLE XIII. CONCERNING THE RAPE OF VIRGINS, WIDOWS AND NUNS ................ 24
TITLE XIV. CONCERNING THE CORRECTION OF SLAVES ............................. 27
TITLE XV. CONCERNING THE CORRECTION OF RELATIVES .......................... 29
TITLE XVI. ON THE LEX CORNELIA RELATING TO ASSASSINS ....................... 29
TITLE XVII. CONCERNING THOSE WHO KILL THEIR PARENTS OR CHILDREN. .......... 31
TITLE XVIII.
CONCERNING POISONERS, DIVINERS, AND OTHER CRIMINALS OF THE SAME DESCRIPTION ................................................. 31
TITLE XIX. CONCERNING THE VIOLATION OF SEPULCHRES ......................... 34
TITLE XX. ON THE LEX FABIA CONCERNING KIDNAPPING. ........................ 37
TITLE XXI.
ON THE VlSCELLIAN LAW.......................................... 40
TITLE XXII. ON THE CORNELIAN LAW WITH REFERENCE TO FORGERY. ............... 41
TITLE XXIII.
CONCERNING THOSE WHO DRAW UP WILLS UNDER WHICH THEY ARE BENEFICIARIES ............................................... 48
TITLE XXIV. CONCERNING COUNTERFEIT MONEY ................................. 49
TITLE XXV. CONCERNING THE CHANGE OF NAME ................................. 51
TITLE XXVI. ON THE JULIAN LAW RELATING TO POLITICAL CORRUPTION .............. 51
TITLE XXVII. ON THE JULIAN LAW RELATING TO EXTORTION ........................ 52
TITLE XXVIII. CONCERNING THE CRIME OF EMBEZZLEMENT. ......................... 54
TITLE XXIX. CONCERNING THE CRIME OF SACRILEGE .............................. 54
TITLE XXX.
CONCERNING SEDITIOUS PERSONS, AND THOSE WHO DARE TO ASSEMBLE THE PEOPLE AGAINST THE GOVERNMENT. ........................ 55
TITLE XXXI.
WHEN A CIVIL ACTION CANNOT BE BROUGHT AT THE SAME TIME ALONG WITH A CRIMINAL PROSECUTION, AND WHETHER BOTH PROCEEDINGS CAN BE INSTITUTED BY THE SAME PERSON ........................ 55
TITLE XXXII. CONCERNING THE CRIME OF PLUNDERING AN ESTATE. ................. 56
TITLE XXXIII. CONCERNING PROPERTY CARRIED OFF BY VIOLENCE ............ 57
TITLE XXXIV. CONCERNING THE CRIME OF SWINDLING .............. 58
TITLE XXXV. CONCERNING INJURIES ............................................ 59
TITLE XXXVI. CONCERNING DEFAMATORY LIBELS .................................. 61
TITLE XXXVII. CONCERNING CATTLE THIEVES ...................................... 63
TITLE XXXVIII. CONCERNING THE PROHIBITION OF DAMAGING THE LEVEES OF THE NILE .. 64
TITLE XXXIX. CONCERNING THOSE WHO CONCEAL ROBBERS OR OTHER CRIMINALS. ..... 64
TITLE XL. CONCERNING THE NOTIFICATION OF ACCUSED PERSONS. ................ 65
TITLE XLI. CONCERNING TORTURE ............................................ 66
TITLE XLII. CONCERNING ABOLITION ........................................... 70
TITLE XLIII. CONCERNING GENERAL ABOLITION ................................... 72
TITLE XLIV. CRIMINAL PROCEEDINGS SHOULD BE TERMINATED WITHIN A CERTAIN TIME 72
TITLE XLV.
ON THE TURPILLIAN DECREE OF THE SENATE.......................... 73
TITLE XLVI. CONCERNING CALUMNIATORS ....................................... 74
TITLE XLVII. CONCERNING PUNISHMENTS ........................................ 76
TITLE XLVIII.
CERTAIN JUDGES SHALL NOT BE PERMITTED TO CONFISCATE PROPERTY WITHOUT THE ORDER OF THE EMPEROR. .......................... 80
TITLE XLIX.
CONCERNING THE PROPERTY OF THOSE WHO HAVE BEEN PROSCRIBED OR CONDEMNED ................................................. 80
TITLE L. CONCERNING THE PROPERTY OF THOSE WHO COMMIT SUICIDE. .......... 85
TITLE LI.
CONCERNING THOSE WHO HAVE SERVED THEIR SENTENCES AND BEEN PARDONED ................................................... 85
BOOK X.
TITLE I. PAGE CONCERNING THE RIGHTS OF THE TREASURY. ......................... 88
TITLE II. CONCERNING SUITS BROUGHT AGAINST DEBTORS OF THE TREASURY. ...... 91
TITLE III.
CONCERNING THE AUTHORITY OF AND THE RIGHTS CONFERRED BY SALES MADE AT AUCTION BY THE TREASURY, AND CONCERNING BIDS ........ 92
TITLE IV.
CONCERNING THE SALE OF PROPERTY OWNED IN COMMON BY THE TREASURY AND PRIVATE INDIVIDUALS. ................................. 93
TITLE V. THE TREASURY CANNOT EVICT PROPERTY WHICH is SOLD. ............. 94
TITLE VI.
CONCERNING THOSE WHO HAVE RECEIVED A LOAN OF MONEY FROM THE PUBLIC FUNDS ............................................... 94
TITLE VII.
WHERE CREDITORS ARE REFERRED TO THE TREASURY WHEN PECUNIARY PENALTIES HAVE BEEN PREFERRED. ............................. 95
TITLE Vill. CONCERNING FISCAL INTEREST ..................................... 95
TITLE IX.
CONCERNING THE REVOCATION OF DECISIONS RENDERED AGAINST THE TREASURY ................................................... 95
TITLE X. CONCERNING PROPERTY WHICH HAS NO OWNER, AND INCORPORATION ..... 96
TITLE XI. CONCERNING INFORMERS .......................................... 97
TITLE XII. CONCERNING THE ABOLITION OF THE DEMAND FOR PROPERTY. ........... 98
TITLE XIII. CONCERNING THOSE WHO DENOUNCE THEMSELVES .................... 99
TITLE XIV.
WHERE A JOINT OWNER OF PROPERTY DONATED BY THE EMPEROR DIES WITHOUT HEIRS .............................................. 100
TITLE XV. CONCERNING TREASURE TROVE. ..................................... 100
TITLE XVI. PAGE CONCERNING TRIBUTES PAYABLE IN GRAIN AND MONEY. ............... 101
TITLE XVII. CONCERNING ADDITIONAL TAXES .................................... 103
TITLE XVIII. CONCERNING SUPPLEMENTARY TAXES ................................ 103
TITLE XIX. CONCERNING THE COLLECTORS OF TRIBUTE. ........................... 104
TITLE XX. CONCERNING ILLEGAL COLLECTIONS .................................. 106
TITLE XXI.
CONCERNING THE SEIZURE AND SALE OF PROPERTY FOR THE PAYMENT OF TAXES ...................................................... 106
TITLE XXII.
CONCERNING PUBLIC RECEIPTS, CURIAL SURVEYS OF LANDS, AND CIVIL APPOINTMENTS OF TAXES. ..................................... 107
TITLE XXIII.
CONCERNING THE LAW RELATING TO TAXES DUE TO THE FUND OF THE IMPERIAL LARGESSES ......................................... 108
TITLE XXIV. No LABOR SHALL BE REQUIRED OF TAXPAYERS ........................ 110
TITLE XXV. EXEMPTION FROM TAXATION SHALL BE GRANTED TO NO ONE ............ 110
TITLE XXVI. CONCERNING PROPERTY STORED IN PUBLIC WAREHOUSES. .............. Ill
TITLE XXVII.
No ONE SHALL BE PERMITTED TO REFUSE TO SELL PROPERTY, AND CONCERNING THE DUTY OF MAKING PURCHASES FOR THE PUBLIC BENEFIT 111
TITLE XXVIII.
CONCERNING THE COLLECTION OF TAXES ON DONATIONS AND CONCERNING TRIBUTES AND PROPERTY CHARGED WITH PAYMENTS IN KIND. ....... 112
TITLE XXIX. CONCERNING THE PAYMENT OF TAXATION IN COPPER. .................. 112
TITLE XXX. CONCERNING ASSESSORS ........................................... 113
TITLE XXXI.
CONCERNING DECURIONS AND THEIR SONS WHO ARE CONSIDERED DECU-RIONS, AND IN WHAT WAYS THEY MAY BE RELEASED FROM THE DUTIES OF THE DECURIONATE ................................... 113
TITLE XXXII.
WHERE A SLAVE OR A FREEDMAN ASPIRES TO THE OFFICE OF DECURION ... 128
TITLE XXXIII.
THE LANDS OF DECURIONS SHALL NOT BE ALIENATED UNLESS BY VIRTUE OF A DECREE ................................................. 128
TITLE XXXIV.
WHEN AND TO WHOM THE FOURTH PART OF THE PROPERTY OF DECURIONS is DUE, AND CONCERNING THE METHOD OF DISTRIBUTING THE SAME 130
TITLE XXXV.
CONCERNING THE CLAIM OF A CURIA TO PROPERTY WHICH HAS BEEN GRATUITOUSLY TRANSFERRED ................................... 132
TITLE XXXVI. CONCERNING THE PAYMENT OF SALARIES ............................. 134
TITLE XXXVII.
WHERE A DECURION, HAVING LEFT THE CITY. PREFERS TO RESIDE IN THE COUNTRY .................................................... 134
TITLE XXXVIII. CONCERNING THE CITIZENS OF TOWNS AND NATIVES ................... 134
TITLE XXXIX.
CONCERNING RESIDENTS, AND WHERE ANYONE is CONSIDERED TO HAVE His DOMICILE, AND CONCERNING THOSE WHO RESIDE IN OTHER CITIES FOR THE PURPOSE OF PURSUING THEIR STUDIES. ............ 135
TITLE XL.
CONCERNING THE NON-TRANSMISSION OF MUNICIPAL DUTIES AND HONORS FROM FATHER TO SON, AND THE INTERVALS WHICH EXIST. ......... 137
TITLE XLI. CONCERNING CHARGES UPON ESTATES. ............................... 137
TITLE XLII. IN WHAT WAY CIVIL OBLIGATIONS ARE DIVIDED ....................... 138
TITLE XLIII.
CONCERNING THOSE WHO VOLUNTARILY ASSUME THE DISCHARGE OF PUBLIC DUTIES .............................................. 139
TITLE XLIV.
CONCERNING THOSE WHO HAVE OBTAINED TEMPORARY EXEMPTION FROM THE DUTIES OF A DECURIONATE ................................. 140
TITLE XLV. CONCERNING EXEMPTION FROM OFFICIAL DUTIES ...................... 141
TITLE XLVI.
CONCERNING THE DECREES OF DECURIONS HAVING REFERENCE TO IMMUNITY GRANTED TO CERTAIN OF THEIR COLLEAGUES. ................ 141
TITLE XLVII. CONCERNING EXCUSES FROM THE DISCHARGE OF PUBLIC DUTIES ......... 141
TITLE XLVIII.
CONCERNING CHARGES AND SERVICES FROM WHICH NO ONE CAN BE EXCUSED .................................................... 145
TITLE XLIX. WHO ARE EXCUSED BY REASON OF THEIR AGE OR PROFESSION. ........... 145
TITLE L. WHO ARE EXCUSED ON ACCOUNT OF DISEASE. ......................... 146
TITLE LI.
CONCERNING THOSE WHO SHOULD BE EXCUSED ON ACCOUNT OF THE NUMBER OF THEIR CHILDREN, OR BY REASON OF THEIR POVERTY ......... 146
TITLE LII. CONCERNING PROFESSORS AND PHYSICIANS. .......................... 147
TITLE LIII. CONCERNING ATHLETES ........................................... 151
TITLE LIV.
CONCERNING THOSE WHO HAVE BEEN DISCHARGED FROM THE ARMY BEFORE COMPLETING THEIR TERM OF SERVICE ..................... 151
TITLE LV.
FROM WHAT CIVIL SERVICES THOSE ARE EXEMPT WHO, AFTER HAVING COMPLETED THEIR TIME IN THE ARMY, OR THE DUTIES TO WHICH THEY HAVE BEEN ASSIGNED IN THE PROVINCES, ENGAGE IN THEIR OWN AFFAIRS AND BUSINESS AT HOME, AND THEIR PRIVILEGES, AND CONCERNING FARMERS OF THE REVENUE ......................... 152
TITLE LVI. CONCERNING FREEDMEN ........................................... 152
TITLE LVII. CONCERNING INFAMOUS PERSONS ................................... 152
TITLE LVIII. CONCERNING PERSONS ACCUSED OF CRIME ............................. 152
TITLE LIX.
CONCERNING THOSE WHO HAVE BEEN CONDEMNED TO EXILE, OR SUSPENDED FROM THEIR ORDER.................................... 152
TITLE LX.
CONCERNING SONS UNDER PATERNAL CONTROL, AND To WHAT EXTENT THEIR FATHER Is RESPONSIBLE FOR THEM ....................... 153
TITLE LXI. PAGB CONCERNING THE RESPONSIBILITY OF A PARENT FOR His HEIRS ......... 153
TITLE LXII.
CONCERNING WOMEN AND WHERE THEY MAY BECOME RESPONSIBLE FOR MUNICIPAL SERVICES IMPOSED UPON OFFICES AND HONORS SUITABLE TO THEIR SEX ............................................... 154
TITLE LXIII. CONCERNING EMBASSIES ........................................... 154
TITLE LXIV. CONCERNING THE EXCUSES OF ARTISANS ............................ 155
TITLE LXV. CONCERNING THE QUALIFICATIONS OF PERSONS APPOINTED TO OFFICE .... 156
TITLE LXVI.
WHERE AN APPOINTMENT Is MADE THROUGH ENMITY ................ 156
TITLE LXVII. CONCERNING THE RECOVERY OF EXPENSES ........................... 156
TITLE LXVIII. WHERE ANYONE DIES AFTER His APPOINTMENT ..................... 156
TITLE LXIX.
CONCERNING BOOKKEEPERS, SECRETARIES, WRITERS OF SPEECHES, AND REGISTERS OF THE CENSUS ..................................... 157
TITLE LXX. CONCERNING RECEIVERS, SUPERINTENDENTS AND TREASURERS ........... 158
TITLE LXXI. CONCERNING WEIGHERS, AND THE DELIVERY OF GOLD .................. 161
TITLE LXXII. CONCERNING THE COLLECTORS OF PUBLIC MONEY ..................... 161
TITLE LXXIII.
PUBLIC FUNDS WHICH HAVE BEEN COLLECTED SHALL NOT BE DISBURSED WITHOUT AUTHORITY ......................................... 162
TITLE LXXIV. CONCERNING CORONARY GOLD ...................................... 162
TITLE LXXV. CONCERNING IRENARCHS .......................................... 163
TITLE LXXVI.
CONCERNING THE RATIO OF SILVER TO BE PAID INTO THE PUBLIC TREASURY ........................................................ 163
BOOK XI.
TITLE I. PAGE
CONCERNING THE TRANSPORTATION OF PUBLIC PROPERTY BY SHIP-OWNERS OR SHIP-MASTERS, AND THE ABOLITION OF THE TAX KNOWN AS LUSTRAL GOLD ............................................... 163
TITLE II.
CONCERNING LAND AND ALL OTHER PROPERTY BELONGING TO SHIPOWNERS .................................................... 165
TITLE III. CONCERNING EXCUSES FOR SHIPS WHICH SHALL NOT BE ACCEPTED ..... 166
TITLE IV. No ADDITION SHALL BE MADE TO PUBLIC BURDENS ................... 167
TITLE V. CONCERNING SHIPWRECKS ......................................... 167
TITLE VI. CONCERNING MINERS, MINES, AND THE SUPERINTENDENTS OF THE LATTER 169
TITLE VII.
CONCERNING DYERS OF PURPLE, INMATES AND SUPERINTENDENTS OF THE GYNECEUM, MASTERS OF THE MINT, AND CARRIERS ................ 170
TITLE Vill.
CONCERNING CLOTHING COMPOSED ENTIRELY OF SILK AND GOLD, AND OF THE DYE OF THE IMPERIAL PURPLE ............................. 174
TITLE IX. CONCERNING MANUFACTURERS ..................................... 175
TITLE X. CONCERNING THE VALUE OF ANCIENT MONEY ........................ 177
TITLE XL
No ONE SHALL BE PERMITTED TO ADORN THE BRIDLES OR SADDLES OF THEIR HORSES OR THEIR OWN BELTS WITH PEARLS, EMERALDS, OR HYACINTHS, AND CONCERNING THE ARTIFICERS OF THE PALACE ..... 177
TITLE XII. CONCERNING MARINES ............................................ 178
TITLE XIII. CONCERNING THE DECURIALS OF THE CITY OF ROME .................. 178
TITLE XIV.
CONCERNING THE PRIVILEGES ENJOYED BY MEMBERS OF CORPORATE BODIES OF THE CITY OF ROME ........................................ 179
TITLE XV. PAGE CONCERNING BAKERS ............................................. 179
TITLE XVI.
CONCERNING THE PORK-BUTCHERS, WINE-MERCHANTS, AND OTHER CORPORATIONS ................................................... 180
TITLE XVII. CONCERNING MEMBERS OP CORPORATIONS AND MONEY BROKERS ......... 180
TITLE XVIII.
CONCERNING LIBERAL STUDIES IN THE CITIES OP ROME AND CONSTANTINOPLE ..................................................... 181
TITLE XIX. CONCERNING THE VEHICLES OP PERSONS INVESTED WITH HONORS ....... 182
TITLE XX. CONCERNING THE PRIVILEGES OF THE CITY OF CONSTANTINOPLE ........ 182
TITLE XXI. CONCERNING THE METROPOLIS OF BERYTUS .......................... 182
TITLE XXII. CONCERNING THE CONTRIBUTION OF GRAIN MADE TO THE CITY OP ROME. . 182
TITLE XXIII. CONCERNING GRAIN DESTINED FOR THE CITY OF CONSTANTINOPLE ...... 183
TITLE XXIV. CONCERNING CIVIL CONTRIBUTIONS OF GRAIN ........................ 184
TITLE XXV. CONCERNING STURDY BEGGARS ..................................... 185
TITLE XXVI. CONCERNING BOATS PLYING ON THE TIBER .......................... 185
TITLE XXVII. CONCERNING GRAIN DESTINED FOR THE CITY OF ALEXANDRIA ........... 185
TITLE XXVIII. CONCERNING THE PRIMATES OF THE CITY OF ALEXANDRIA .............. 186
TITLE XXIX. CONCERNING THE RIGHTS OF THE STATE ............................. 186
TITLE XXX. CONCERNING THE ADMINISTRATION OF PUBLIC AFFAIRS ............... 187
TITLE XXXI. CONCERNING THE SALE OF PROPERTY BELONGING TO THE STATE ........ 187
TITLE XXXII. PAGE CONCERNING THE DEBTORS OF CITIES ............................... 188
TITLE XXXIII.
CONCERNING THE LIABILITY OF THOSE WHO MAKE APPOINTMENTS ...... 189
TITLE XXXIV.
CONCERNING THE LIABILITY OF THOSE WHO BECOME SURETIES FOR MAGISTRATES ................................................ 189
TITLE XXXV. IN WHAT ORDER PERSONS MUST BE SUED ........................... 190
TITLE XXXVI.
No FREEMAN CAN BE COMPELLED TO PERFORM THE FUNCTIONS OF A MUNICIPAL SERVANT ......................................... 191
TITLE XXXVII.
THE EXPENSES OF THE OFFICE TO WHICH THEY HAVE BEEN APPOINTED MUST BE BORNE BY ALL THE INCUMBENTS OF SAID OFFICE ........ 191
TITLE XXXVIII.
CONCERNING THOSE AGAINST WHOM LEGAL PROCEEDINGS ARE INSTITUTED ON ACCOUNT OF THE OFFICE WHICH THEY HAVE ADMINISTERED ...................................................... 191
TITLE XXXIX. CONCERNING THE PAYMENTS AND RELEASES OF DEBTORS TO THE STATE ... 192
TITLE XL. CONCERNING EXHIBITIONS, ACTORS, AND PROCURERS .................. 192
TITLE XLI. CONCERNING THE EXPENSES OF GAMES .............................. 194
TITLE XLII. CONCERNING AQUEDUCTS .......................................... 194
TITLE XLIII. CONCERNING GLADIATORS ......................................... 197
TITLE XLIV. CONCERNING THE CHASE OF WILD BEASTS ........................... 198
TITLE XLV. CONCERNING THE MAY FESTIVAL ................................... 199
TITLE XLVI.
THE USE OF ARMS WITHOUT THE KNOWLEDGE OF THE EMPEROR Is FORBIDDEN ...................................................... 200
TITLE XLVII. ' PAGE
CONCERNING FARMERS, TENANTS OF LAND REGISTERED ON THE CENSUS, AND SERFS .................................................. 200
TITLE XLVIII. CONCERNING THE EXEMPTION OF CITIZENS FROM THE CAPITATION TAX. . 208
TITLE XLIX. IN WHAT CASES REGISTERED SERFS CAN ACCUSE THEIR MASTERS ....... 208
TITLE L. CONCERNING THE SERFS OF PALESTINE .............................. 209
TITLE LI. CONCERNING THE SERFS OF THRACE ................................ 209
TITLE LII. CONCERNING THE SERFS OF ILLYRIA ................................ 210
TITLE LIII.
No ONE SHALL EXTEND PROTECTION TO PEASANTS OR SUPPORT THEM IN ANY CHANGES WHICH THEY MAY MAKE ....................... 211
TITLE LIV. PEASANTS SHALL NOT BE SUBJECTED To ANY NEW OBLIGATIONS ...... 213
TITLE LV.
THE RESIDENTS OF A MOTHER-VILLAGE ARE NOT PERMITTED TO TRANSFER THEIR LANDS TO STRANGERS .................................. 214
TITLE LVI.
No RESIDENT OF A VILLAGE SHALL BE LIABLE FOR THE DEBTS OF OTHER RESIDENTS OF THE SAME VILLAGE .............................. 214
TITLE LVII. CONCERNING TAXES, TAX GATHERERS, APPRAISERS, AND INSPECTORS ...... 215
TITLE LVIII.
CONCERNING ABANDONED LANDS AND WHEN SUCH As ARE BARREN ARE CONSIDERED To BE ATTACHED To THOSE THAT ARE FERTILE. ...... 217
TITLE LIX.
CONCERNING LANDS AND THEIR BOUNDARIES, MARSHES, PASTURES, FRONTIER MILITARY STATIONS, AND THE GARRISONS OF FORTRESSES. ...... 221
TITLE LX. CONCERNING PUBLIC AND PRIVATE PASTURES ......................... 222
TITLE LXI.
CONCERNING LANDS AND FORESTS BELONGING TO THE EMPEROR, AND EMPHYTEUTICAL CONTRACTS AND LESSEES UNDER THE SAME. ....... 223
xv
TITLE LXIL PAGE
CONCERNING SLAVES AND SERFS ATTACHED TO THE PRIVATE DOMAIN OF THE EMPEROR, PASTURES, AND LANDS HELD UNDER EMPHYTEUSIS. .. 226
TITLE LXIII.
CONCERNING FUGITIVE SERFS ATTACHED TO THE IMPERIAL ESTATES, AND TO FORESTS AND LANDS HELD UNDER EMPHYTEUSIS .............. 227
TITLE LXIV.
CONCERNING OBLIGATIONS IMPOSED UPON THE OCCUPANTS OF LANDS BELONGING TO THE IMPERIAL DOMAIN AND OTHERS HELD UNDER EMPHYTEUSIS ................................................ 228
TITLE LXV.
CONCERNING THE LANDS BELONGING TO THE PRIVATE ESTATE OF THE EMPEROR, AND THE FORESTS ATTACHED TO THE IMPERIAL HOUSEHOLD 229
TITLE LXVI.
CONCERNING THE LANDS AND FORESTS BELONGING TO THE PRIVATE DOMAIN OF THE EMPEROR ....................................... 231
TITLE LXVII.
CONCERNING THE CULTIVATORS AND SLAVES BELONGING TO THE DOMAIN OF THE EMPEROR, OR THE IMPERIAL TREASURY ................... 231
TITLE LXVIII.
CONCERNING CERTAIN LANDS, AND CHILDREN BORN TO SERFS ATTACHED TO THE IMPERIAL DOMAIN, AND OTHER PERSONS OF FREE CONDITION 232
TITLE LXIX.
CONCERNING DIFFERENT URBAN AND RUSTIC ESTATES BELONGING TO TEMPLES AND CITIES AND ALL CIVIL REVENUES ................... 233
TITLE LXX.
CONCERNING THE LEASING OF LANDS OWNED BY CITIES, OR BELONGING TO THE TREASURY, THE TEMPLES, AND THE PRIVATE OR PUBLIC IMPERIAL DEMESNES .................................................. 234
TITLE LXXI.
CONCERNING LESSEES AND AGENTS, OR COLLECTORS OF LANDS BELONGING TO THE TREASURY OF THE IMPERIAL HOUSEHOLD ................. 236
TITLE LXXII.
WHAT PERSONS ARE NOT PERMITTED TO LEASE LANDS BELONGING TO THE TREASURY ................................................... 236
TITLE LXXIII.
CONCERNING CONTRIBUTIONS IMPOSED UPON LANDS BELONGING TO THE TREASURY, TO THE PRIVATE DOMAIN OF THE EMPEROR, TO THE STATE, OR TO TEMPLES .............................................. 236
TITLE LXXIV. PAGE
CONCERNING THE PRIVILEGES ENJOYED BY LANDS ATTACHED TO THE IMPERIAL HOUSEHOLD, AND THOSE BELONGING TO THE PRIVATE DOMAIN OF THE EMPEROR, AND FROM WHAT CONTRIBUTIONS THEY ARE EXEMPT .................................................... 237
TITLE LXXV. CONCERNING THE IMPERIAL STUD ................................... 238
TITLE LXXVI. CONCERNING THE IMPERIAL PALACES AND BUILDINGS ................. 238
TITLE LXXVII.
CYPRESS TREES FROM THE SACRED GROVES OF DAPHNE AND PERSEUS IN EGYPT SHALL NOT BE CUT DOWN, OR SOLD ..................... 239
BOOK XII.
TITLE I. CONCERNING DIGNITIES ........................................... 239
TITLE II.
CONCERNING PRAETORS, PRAETORIAN HONORS, AND THE ABOLITION OF THE CONTRIBUTIONS KNOWN AS GLEBE, LEAF, AND SEVEN SOLIDI. ....... 242
TITLE III.
CONCERNING CONSULS, AND THE PROHIBITION AGAINST THEIR SQUANDERING MONEY, AND CONCERNING PREFECTS, MILITARY COMMANDERS, AND PATRICIANS ............................................. 243
TITLE IV.
CONCERNING PRAETORIAN AND URBAN PREFECTS AND MILITARY COMMANDERS .................................................... 245
TITLE V.
CONCERNING THE IMPERIAL CHAMBERLAINS, AND VALETS-DE-CHAMBRE AND THEIR PRIVILEGES ....................................... 245
TITLE VI.
CONCERNING QUAESTORS, MASTERS OF THE OFFICES, AND COUNTS OF THE IMPERIAL LARGESSES AND OF PRIVATE AFFAIRS ................... 247
TITLE VII.
CONCERNING THE PRIMICERIUS, THE SECUNDICERIUS, AND NOTARIES. ..... 247
TITLE Vill. CONCERNING THE MAINTENANCE OF THE ORDER OF DIGNITIES .......... 248
TITLE IX. PAGE
CONCERNING THE CHIEFS OF THE IMPERIAL BUREAUS .................. 249
TITLE X.
CONCERNING THE COUNTS OF THE CONSISTORY ....................... 250
TITLE XI. CONCERNING THE COUNTS AND TRIBUNES OF ASSOCIATIONS ............ 250
TITLE XII. CONCERNING MILITARY COUNTS .................................... 250
TITLE XIII.
CONCERNING THE COUNTS AND CHIEF PHYSICIANS OF THE IMPERIAL PALACE ..................................................... 251
TITLE XIV. CONCERNING THE COUNTS WHO GOVERN THE PROVINCES .............. 251
TITLE XV.
CONCERNING THE PROFESSORS, WHO, BY GIVING INSTRUCTION IN THE CITY OF CONSTANTINOPLE, HAVE ATTAINED TO THE RANK OF COUNT ..... 251
TITLE XVI. CONCERNING SILENTARII AND THEIR DECURIONS ...................... 251
TITLE XVII. CONCERNING DOMESTICS AND PROTECTORS ........................... 253
TITLE XVIII. CONCERNING THE SUPERINTENDENTS OF PUBLIC WORKS ............... 254
TITLE XIX.
CONCERNING PERSONS ATTACHED TO THE OFFICE OF IMPERIAL SECRETARY, AND OTHERS WHO ARE EMPLOYED IN THE SAME .................. 254
. TITLE XX. CONCERNING AGENTS EMPLOYED IN THE TRANSACTION OF BUSINESS. .... 261
TITLE XXI.
CONCERNING THE OVERSEER OF AGENTS EMPLOYED IN THE TRANSACTION OF BUSINESS ................................................ 263
TITLE XXII.
CONCERNING THE CHIEFS OF AGENTS EMPLOYED IN THE TRANSACTION OF BUSINESS ................................................... 264
TITLE XXIII. CONCERNING SPIES AND DETECTIVES ................................ 267
TITLE XXIV.
CONCERNING OFFICERS OF THE PALACE ATTACHED TO THE BUREAUS OF THE IMPERIAL LARGESSES AND PRIVATE AFFAIRS .................. 268
TITLE XXV. PAGE CONCERNING STRATORS ........................................... 270
TITLE XXVI. CONCERNING CASTRENSIARII AND MINISTERIANII ..................... 271
TITLE XXVII. CONCERNING DEANS .............................................. 273
TITLE XXVIII. CONCERNING SURVEYORS .......................................... 273
TITLE XXIX.
CONCERNING THE PRIVILEGES OF THOSE WHO ARE EMPLOYED IN THE IMPERIAL PALACE ............................................ 273
TITLE XXX. CONCERNING THE PRIVILEGES OF THE FAVORED DIVISIONS OF THE ARMY. . 274
TITLE XXXI. CONCERNING THE CASTRENSE PECULIUM OF ALL PALATINES ........... 276
TITLE XXXII. CONCERNING THE EQUESTRIAN DIGNITY ............................. 276
TITLE XXXIII. CONCERNING THE DIGNITY OF PERFECTISSIMATUS ..................... 277
TITLE XXXIV.
WHO CAN SERVE IN THE ARMY AND WHO CANNOT, AND CONCERNING SLAVES WHO ASPIRE TO ENTER THE MILITARY SERVICE OR BE RAISED TO ANY DIGNITY. No ONE CAN HAVE Two EMPLOYMENTS, OR HOLD Two DIGNITIES AT ONCE ..................................... 277
TITLE XXXV. MERCHANTS SHOULD NOT SERVE IN THE ARMY ....................... 279
TITLE XXVI. CONCERNING MILITARY AFFAIRS ................................... 280
TITLE XXXVII.
CONCERNING THE CASTRENSE PECULIUM OF SOLDIERS AND THE SUBORDINATES OF THE PREFECTS ...................................... 285
TITLE XXXVIII. CONCERNING THE DISTRIBUTION OF MILITARY SUBSISTENCE ............ 286
TITLE XXXIX.
CONCERNING THE COOKING AND THE TRANSPORT OF PROVISIONS FOR THE ARMY ...................................................... 291
TITLE XL. PAGE CONCERNING THE CLOTHING OF SOLDIERS ........................... 292
TITLE XLI. CONCERNING FURRIERS AND QUARTERMASTERS ........................ 293
TITLE XLII. CONCERNING SUPPLIES WHICH SHOULD NOT BE FURNISHED TO GUESTS. .. 296
TITLE XLIII. CONCERNING FURLOUGHS ......................................... 296
TITLE XLIV. CONCERNING NEW RECRUITS ....................................... 297
TITLE XLV.
CONCERNING THE PROTECTION OF THE SHORES OF THE SEA, AND HIGHWAYS ....................................................... 297
TITLE XLVI. CONCERNING DESERTERS AND THOSE WHO HARBOR THEM .............. 298
TITLE XLVII. CONCERNING VETERANS ........................................... 298
TITLE XLVIII. CONCERNING THE SONS OF MILITARY OFFICERS WHO DIE DURING WAR. .. 300
TITLE XLIX. CONCERNING THE OFFERING OF GOOD WISHES ....................... 300
TITLE L.
CONCERNING ACCOUNTANTS, RECORDERS, CLERKS, ASSISTANTS, SECRETARIES AND COLLECTORS OF THE CAPITAL, AND OTHER JUDICIAL OFFICERS, MILITARY AS WELL AS CIVIL .......................... 300
TITLE LI. CONCERNING THE PUBLIC POST, POST-HORSES, AND VEHICLES .......... 303
TITLE LII. CONCERNING DRIVERS AND STATIONS ............................... 307
TITLE LIII.
CONCERNING THE SUBORDINATES OF THE PRAETORIAN PREFECTS AND THEIR PRIVILEGES .....................................- 308
TITLE LIV. CONCERNING THE ATTENDANTS OF THE PREFECT OF THE CITY .......... 309
TITLE LV. CONCERNING THE STAFF OFFICERS OR GENERALS AND THEIR PRIVILEGES .. 309
TITLE LVI. PAGE
CONCERNING THE ATTENDANTS OF THE PROCONSUL AND THE LIEUTENANT OF THE EMPEROR ............................................ 310
TITLE LVII. CONCERNING THE ATTENDANTS OF THE COUNT OF THE EAST ............ 311
TITLE LVIII.
CONCERNING THE ATTENDANTS ATTACHED TO THE COHORTS OF PRINCES AND THEIR CORNICULARII AND PRIMIPILARII ..................... 311
TITLE LIX. CONCERNING THE ATTENDANTS OF THE PREFECT OF SUBSISTENCE. ....... 314
TITLE LX.
CONCERNING THE DIFFERENT OFFICIALS AND ATTENDANTS OF JUDGES, AND THEIR PREROGATIVES ......................................... 314
TITLE LXI. CONCERNING EXECUTIVE OFFICERS AND COLLECTORS OF TAXES .......... 317
TITLE LXII.
CONCERNING THE PROFITS OF ADVOCATES AND THE EXTORTIONS OF OFFICIALS OR THEIR SUBORDINATES ................................. 319
TITLE LXIII. CONCERNING THE CHIEF CENTURION OF THE TRIARII .................. 320
TITLE LXIV.
THOSE WHO ANNOUNCE THE OCCASIONS OF PUBLIC REJOICING OR THE NAMES OF THE CONSULS, OR WHO PUBLISH THE IMPERIAL CONSTITUTIONS OR ANY OTHER IMPERIAL OR JUDICIAL DOCUMENTS, SHOULD NOT RECEIVE EXCESSIVE SUMS FOR EXPENSES FROM PEOPLE AGAINST THEIR CONSENT ............................................. 320
THE ENACTMENTS OF JUSTINIAN.
III. THE CODE.
(Continued.)
THE CODE OF OUR LORD THE EMPEROR JUSTINIAN.
SECOND EDITION. (Continued.)
BOOK IX.
(Continued.)
TITLE VI. WHERE THE DEFENDANT OR THE ACCUSER DIES.
1. This Law is not Authentic.
2. The Emperor Antoninus to Eutychianus.
Even if Marcellus, who was accused of the crime of forgery, is dead, and for this reason the crime is extinguished in his person, still the accusation is not annulled, so far as you are concerned, as you state that his wife, as well as yourself, has also been accused of complicity in the same offence.
Published on the seventh of the Kalends of October, during the Consulate of Lsetus, Consul for the second time, and Cerealis, 216.
3. The Same Emperor to Proculus.
If he whom you have accused of homicide, or of any other offence whatsoever, is dead, proceedings instituted against you for having abandoned the accusation will be without effect, as both the crime and the penalty are extinguished by death; and, for the same reason, the necessity of proceeding with the accusation is no longer imposed upon you.
Published at Rome, on the fourth of the Kalends of October, during the Consulate of Sabinus and Anulinus.
4. The Emperor Alexander to Veronitianus.
If, as you allege, you are interested in a case involving the payment of money, although Annianus, whom your agent accused of forgery, is dead, you will not be prevented from bringing an accusation, if anyone should avail himself of the instrument, which is of doubtful validity, against you; for although the offence has been extinguished by the death of the principal, and can no longer exist, still, if anyone wishes to make use of the forged instrument, he must understand that he is liable to punishment for doing so.
Published on the sixth of the Kalends of January, during the Consulate of Albinus and ^milianus, 228.
5. The Emperor Gordian to Rufus.
It is a well-known rule of law that, where persons accused of the commission of public crimes, whether they themselves have perpetrated them or have ordered others to do so, die while the accusation is pending, their heirs will not be excluded from their estates, unless they have committed suicide.
Published on the seventh of the Kalends of November, during the Consulate of Pius and Pontianus, 239.
6. The Same Emperor to Julianus.
If anyone condemned to death or deportation should take an appeal, and die before it has been determined, the crime is extinguished by his death. The same rule shall be observed if the accuser should die while the appeal is pending. If, however, the culprit should be sentenced to the penalty of relegation, and to the loss of a part of his property, and should have recourse to appeal, the appeal must, nevertheless, be heard and decided even after his death; as it is proper to ascertain whether the confiscation of his property was valid or not.
Published on the sixth of the Kalends of August, during the Consulate of Gordian and Aviola, 240.
TITLE VII. WHERE ANYONE REVILES THE EMPEROR.
1. The Emperors Theodosius, Arcadius, and Honorius to Rufinus, Prsetorian Prefect.
Where anyone, ignorant of modesty and without any sense of shame, thinks Our name should be attacked with dishonorable and petulant abuse, or if rendered turbulent by drunkenness, he should manifest discontent with the proceedings of Our reign, We are unwilling for him to be subjected to any penalty, nor do We desire that he be treated with severity or harshness; since if this was the result of levity, he is only worthy of contempt; if it was caused by insanity, he is an object of pity; and if it was done for the purpose of injury, he should be pardoned.
Wherefore, let any occurrence of this kind be, without reservation, brought to Our knowledge, in order that We may consider what has been said, and determine whether it should be passed over in silence, or investigated.
Given at Constantinople, on the sixth of the Ides of August, during the Consulate of Theodosius, Consul for the third time, and Abun-dantius, 392.
TITLE Vill.
ON THE LEX JULIA RELATING TO TREASON. 1. The Emperor Alexander to Paulinus.
You are not only not permitted to accuse a judge of the crime of treason, because you allege that he has rendered a decision against
Our Constitution, but I do not wish accusations of this crime to be made during My reign on any other grounds whatever.
Published on the third of the Ides of April, during the Consulate of Maximus, Consul for the second time, and Julianus, 224.
2. The Same Emperor to Faustinianus.
You entertain a singular idea of My disposition when, having in a moment of anger and without reflection sworn by the name of the Emperor that you would always treat your slave with severity, you think that you will be guilty of treason if you do not continue to do so:
Published on the third of the Nones of February, during the Consulate of Julian, Consul for the second time, and Crispinus, 225.
3. The Emperor Constantine to Maximus, Prefect of the City.
If one person should accuse another of the crime of treason, he who is accused, no matter what his rank or privileges may be, cannot protect himself from torture, and whoever brings the accusation is hereby notified that he also shall be put to the question (if he should be unable to prove his charge by convincing evidence) along with the person accused of a crime of this kind. He also, by whose advice and instigation the accusation appears to have been made, must be subjected to torture, in order that punishment may be inflicted upon all persons guilty of complicity in the offence.
Published on the Kalends of January, during the Consulate of Volusianus and Annianus, 314.
4. The Emperors Valentinian, Valens, and Gratian to Olybrius, Prefect of the City.
No one, under any circumstances, shall be forbidden to make use of any defence, either that of military service, or of any order to which he may belong, or of his family, to escape torture, without our knowledge and consent, where such defence is proper, except solely in cases of treason, in which the condition of all persons is considered to be equal.1
Given on the eighth of July, during the Consulate of the Noble Prince Valentinian and Victor, 369.
5. The Emperors Arcadius and Honorius to Eutychianus, Prsetorian Prefect.
Anyone who joins an infamous faction composed of either soldiers, private persons, or barbarians, whether he himself, as its head, receives the oath, or takes it as an individual, shall be put to death as
1 Among nations who recognized the Lex Talionis, homicide of the sovereign did not constitute treason, as we understand it, for the offence was a private one to be atoned for by blood-revenge, or by the payment of a fixed pecuniary fine in lieu thereof. This was the rule among the early Anglo-Saxons. "Even in the case of the murder of the king, the State did not take up the matter, but left it to the royal kindred to obtain redress by private feud, as in other cases. There could be no such thing as crime under these conditions, as in no case did the State act to
guilty of high treason, and all his property shall be confiscated to Our Treasury, whether he has plotted the death of illustrious men who are members of Our Council and Consistory, and of the Senate (as they form part of Our government), or finally, of anyone else who is in Our service; for the laws punish with equal severity the intention to commit a crime and its actual perpetration.
(1) The sons of a person convicted of such an offense, to whom by special Imperial indulgence We grant the privilege of life (for they should be put to death by the same punishment as their father, as in their cases his example, that is the inclination to commit a crime, is inherited) shall be excluded from the estates and successions of their mothers and grandmothers, and all their remaining nearest relatives.
Nor shall they be able to receive anything under the wills of strangers, but shall always remain in want, and poor; and the infamy of their fathers will always attach to them, nor shall they afterwards be eligible to any office, or be qualified to perform public duties; in short, such men shall remain in such a condition of perpetual indigence that death will be a consolation to them, and life a punishment.
(2) Finally, We order that those persons who attempt to intercede with Us for criminals of this kind shall not be pardoned, no matter what their rank may be.
(3) Again, We decree that the children of such persons, whatever may be their number, shall only be entitled to the Falcidian portion out of the estate of their mother, whether she left a will or died intestate ; so that the daughters may only have a moderate sum for their support, rather than the entire benefit and name of heirs. The rule, when applicable to them, should be enforced with moderation, as We think that they are less venturesome on account of the weakness of their sex.
(4) Emancipations granted by the persons aforesaid, either in favor of their sons or daughters, after the commission of the crime,
redress a wrong against itself." (Barrell, An Outline of Anglo-Saxon Law, Page 52.)
The Welsh did not permit the payment of money by way of compromise under such circumstances. "There are three persons who forfeit their lives, and who cannot be bought off: a traitor to the country and the tribe; he that kills another from real malice; and a convicted thief for the value of more than four-pence." (The Ancient Laws of Cambria, Triads of Dyvenwal Moelmud, Page 57.)
The disabilities resulting from the commission of treason are set forth as follows in the old English law:
"In treason, there ensueth a corruption of blood in the line ascending and descending.
"In treason, lands and goods are forfeited, and inheritances, as well intailed as fee-simple, and the profits of estates for life.
"In treason there be no accessaries, but all are principals.
"In treason, no benefit of clergy, or sanctuary, or peremptory challenge.
"In treason, if the party stand mute, yet nevertheless judgment and attainder shall proceed all one as upon verdict.
"In treason, bail is not permitted.
"In treason, no counsel is to be allowed to the party.
"In treason, no witness shall be received upon oath for the party's justification." (Bacon, Works, A Preparation for the Union of Laws, Page 292.)ED.
are not valid. We also decree that all dowries, donations, and, finally, all alienations of any kind of property whatsoever, which it is established were made after the time when the person implicated decided to join the faction and association aforesaid, whether they were fraudulently or legally effected, shall be of no force or effect.
(5) The wives of the above-mentioned criminals shall recover their dowries, if any property received from their husbands by way of donation was given on condition that it should be reserved for their children; and they are notified that all of said property to which the sons may be entitled by law must be left to Our Treasury, and that the Falcidian portion of the same shall be considered to have been only reserved for the daughters, and not for the sons.
(6) We direct that what We have provided with reference to the aforesaid offenders and their children shall also apply to their followers, associates, and attendants; and We decree that their sons and their abettors shall be treated with the same severity.
(7) If any one of these persons, at the very beginning of the organization of the faction, being animated by a praiseworthy intention, should betray the conspiracy, he shall be honored and rewarded by Us. He, however, who becomes implicated, and afterwards reveals the secrets of the conspirators, unknown up to that time, shall be considered worthy of absolution and pardon.
Given on the day before the Nones of September, during the Consulate of Csesarius and Atticus, 397.
6. This Law is not Authentic.
7. Paulus, On Public Crimes.
It should be remembered that, where any act is alleged to have been committed against the majesty of the Emperor, it is customary for the crime to be prosecuted even after the death of the culprit, since the Divine Marcus ordered the property of the Senator Druncianus, who was the accomplice of Cassianus in his conspiracy, to be confiscated to the Treasury after his death; and, during Our reign, many heirs have been deprived of their right to estates under similar circumstances.
(1) Moreover, in a crime of this kind, involving the majesty of the Emperor, slaves are tortured to obtain evidence against their masters.
8. Martianus on Criminal Prosecutions, Book I, Title: "On the Lex Julia, Relating to the Offence of High Treason."
After the enactment of the Constitution of the Divine Marcus, We have adopted the rule that the accusation of this crime can be made even after the decease of the culprits, so that, if the offender should be convicted after his death, his memory may be condemned to infamy, and his heir deprived of his estate; for in this way a person who has conceived such a wicked design is considered to have been punished from that very moment.1 Thus the Divine Severus and Antoninus
1 The general rule of the Civil Law, however, expressly stated that the mere planning of an illegal act did not involve liability to criminal prosecution. This
decided that, from the instant when a man became guilty of an offence of this kind, he could neither alienate property nor manumit anyone, and that no one could legally pay him a debt. The Great Antoninus stated the same thing in a rescript. Under such circumstances, that is to say, where treason is involved, slaves are put to the question to obtain evidence against their masters.
If the person implicated should die before his case has been decided, his property must be deposited under seal, on account of the uncertainty of his successor; as the Emperors Severus and Antoninus stated in rescripts addressed to the Receivers of the Treasury.
Given on the third of the Nones of March, . . .
TITLE IX.
ON THE LEX JULIA RELATING TO ADULTERY AND FORNICATION.
1. The Emperors Severus and Antoninus to Cassia.
The Lex Julia declares that wives have no right to bring criminal accusations for adultery against their husbands, even though they may desire to complain of the violation of the marriage vow, for while the law grants this privilege to men it does not concede it to women.
Published on the thirteenth of the Kalends of August, during the Consulate of Lateranus and Rufinus, 198.
2. The Same Emperors to Cyrus.
Those are guilty of the crime of pimping who allow their wives taken in adultery to remain in marriage, and not those who merely suspect their wives of having committed adultery.
Published on the Kalends of July, during the Consulate of Anulinus and Fronto, 200.
3. The Emperor Antoninus to Julianus.
Not only the words of the Lex Julia concerning the repression of adultery, but also the spirit of the law, authorize a husband who desires to prove that his wife has been guilty of adultery to do so by torturing slaves of both sexes; and this applies only to the slaves of the persons specially mentioned in the law, that is to say, the woman, and her natural, not her adoptive father; and it forbids the said slaves to be either manumitted or sold within the term of sixty days, to be computed from the date of the dissolution of the marriage, and requires the husband to furnish a bond to the owners of said slaves to indemnify them, if the former should die under torture, or become deteriorated in value, and the woman be acquitted.
was not the case with the early Scotch Code, Regiam Majestatem, said to have been practically copied from Glanvil's treatise, and which declared that the more serious offences, such as treason, homicide, arson, robbery, rape, and forgery, "may be punished not only for any fact or deed, but also for the intent and purpose." (Regiam Majestatem, I, I.)ED.
Published on the fifteenth of the Kalends of August, during the Consulate of Antoninus, Consul for the fourth time, and Balbinus, 214.
4. The Emperor Alexander to Julian, Proconsul of the Province of Narbonne.
If Numerius, who killed Gracchus at night in the act of adultery, did so under such circumstances that he could have taken his life with impunity by virtue of the Lex Julia, what was lawfully done will incur no penalty.
The same rule applies to sons who have obeyed the orders of their father, in a case of this kind. If, however, the husband, rendered insane by grief, killed the adulterer without being legally authorized to do so, even though the homicide may have been excusable, still, because it was committed at night, and his just grief diminished the criminality of the act, he can be sent into exile.
Without date or designation of Consulate.
5. The Same Emperor to Vadantus.
An adulterer cannot be accused after the lapse of five years from the time when the offence is said to have been committed, and these must be reckoned continuously, for the guilty party must not be deprived of the benefit of the prescription allowed by the laws.
Published on the Ides of June, during the Consulate of Maximus, Consul for the second time, and Julianus, 224.
6. The Same Emperor to Sebastian.
Sixty available days are granted by law to a husband desiring to bring an accusation of adultery, during which he will be allowed to do so either against the adulterer or adulteress. If this term should elapse, the husband can still proceed under the law conceding this right to strangers. He who brings an accusation of this kind should have no fear of the penalty for malicious prosecution, for My Divine relatives, the Emperors, have permitted the torture of slaves to establish proof of the crime in the same way as in the case of a husband.
Published on the second of the Ides of August, during the Consulate of Maximus, Consul for the second time, and ^lianus, 224.
7. The Same Emperor to Heruclanus.
The man who afterwards married her cannot be a lawful accuser, where an adult virgin was violated before her marriage; and therefore he cannot prosecute the crime as her husband, unless he was betrothed to the girl who was violated. If, however, she herself, with the assistance of her curators by whom her affairs were transacted, should prosecute for the injury committed upon her, the Governor of the province will impose a severe sentence in accordance with what is required by law for a crime of this kind, if its commission should be established.
Published on the twelfth of the Kalends of June, during the Consulate of Maximus, Consul for the second time, and ^Elianus, 224.
8. The Same Emperor to Domnus.
The Lex Julia relating to chastity forbids the two parties guilty of adultery, that is to say, the man and the woman, to be prosecuted at the same time, and in the same case, but they can both be prosecuted in succession.
Published on the Ides of June, during the Consulate of Julian, Consul for the second time, and Crispinus, 225.
9. The Same Emperor to Proculus.
It is proper for the preservation of virtue during My reign that a woman convicted under the Lex Julia concerning chastity should suffer the legal penalty.
Moreover, anyone that knowingly marries, or takes back a woman convicted of adultery, who has in some way evaded the penalty prescribed for her crime, shall be punished by the same law as a procurer.
Published on the seventh of the Kalends of February, during the Consulate of Julian, Consul for the second time, and Crispinus, 225.
10. The Same Emperor to Demetrianus.
It is not lawful to condone the crime of adultery, and he who is guilty of collusion is in the same position as one who refuses to reveal the truth. Moreover, he who accepts a sum of money to desist from prosecution, in a case where adultery has been discovered, is liable to the penalty imposed by the Lex Julia.
Published on the fifth of the Nones of May, during the Consulate of Fuscus and Dexter, 226.
11. The Same Emperor to Narvanus.
No one doubts that a husband cannot accuse his wife of adultery if he continues to retain her in marriage.
Published on the Kalends of September, during the Consulate of Alexander, Consul for the second time, and Marcellus, 227.
Extract from Novel 117, Chapter XVIII. Latin Text.
Under the new law, however, he can do so, and if the accusation is proved to be true, he can then repudiate her, and he should file a written accusation against her. If, however, the husband should not be able to establish the accusation of adultery which he brought, he will be liable to the same punishment which his wife would have undergone if the accusation had been proved.
12. The Same Emperor to Bassus.
Although, as you allege, he who was convicted of the crime of adultery was not restored to his civil rights; still, since your sister, with whom the adultery was said to have been committed, was not accused, she could not have been subjected to any penalty, or rendered infamous, especially as you state that the accuser afterwards died.
Published on the Kalends of June, during the Consulate of Sabinus, Consul for the second time, and Venustus, 241. T*U
13. The Same Emperor to Sylvanus.
It is an established rule of law that, if the adulteress, after the accusation has been brought against her, should leave the province, she can still be prosecuted while absent.
Published on the Nones of March, during the Consulate of Atticus and Prsetextatus, 243.
14. The Emperor Gordian to Aquila.
If your wife should be guilty of adultery during marriage, you ought to prosecute her in the ordinary manner, in the province in which the adultery was committed. If she committed adultery and married again after you repudiated her, you cannot accuse her, unless the notice of the accusation preceded her second marriage.
Published on the Nones of December, during the Consulate of Gordian and Aviola, 240.
15. The Same Emperor to the Soldier Hilarinus.
If your former wife, before having been accused of adultery, left the province, she cannot be accused while absent; nor can the complaint be legally made or filed in the province in which you were serving as a soldier. Although you will not be permitted to do this while you are in the military service, you can accuse her afterwards, by observing the usual formalities; for the time during which you were performing your duties as a soldier should not deprive you of the vengeance which you demand for the suffering inflicted upon you as a husband.
Published on the fourth of the Ides of March, during the Consulate of Atticus and Praitextatus, 243.
Extract from Novel 134, Chapter V. Latin Text.
If the person guilty of adultery should conceal himself, or should leave the province in which the crime was committed, We order that he shall be summoned by the judge as legally required; and if he does not appear, the proceedings prescribed by Our laws shall be instituted against him. When, however, it is ascertained that he is living in another province, We order the judge of the province in which the crime was committed to send a public letter to the judge of the one in which the delinquent resides. He who receives the said public letter shall arrest the culprit, and send him to the judge of the province in which he perpetrated the offence, to undergo the penalty provided by law, or run the risk of losing his office.
If, however, he who received the public letter aforesaid should neglect to do this, or his subordinate officer should fail to discharge the duties imposed upon him, We decree that the judge himself shall be fined three pounds of gold, and his subordinate an equal sum. But when the judge, or any of his subordinates, in consideration of money paid, do not arrest the offender, or if, having arrested him, do not bring him into the other province, he who is convicted of having done this shall be deprived of. his office and sent into exile.
16. The Emperors Valerian and Gallienus to Archesilaus.
You should appear before the Governor in whose tribunal you have filed your accusation of adultery, if you desire it to be dismissed; but you are mistaken if you think that this can be done without making application to the court, and that, afterwards, you will not be liable to the penalty prescribed by the Decree of the Senate, for the Emperors have frequently decided the contrary.
And you are also notified that, hereafter, you will not have the power to make accusations of this kind; because, by a Decree of the Senate and the Lex Petronia, he who has filed an accusation for adultery and did not prosecute it shall never again be permitted to bring one for this offence.
Published on the fifth of the Kalends of June, during the Consulate of Maximus and Glabrio, 257.
17. The Same Emperors to Victorinus.
You can resume marital relations with your wife without fear of being liable to the penalty prescribed by the Lex Julia, for the suppression of adultery, as you did nothing more than file the written accusation, for the reason that you assert that you afterwards ascertained that you were impelled by groundless indignation to accuse her; for he alone will be liable to the penalty specifically mentioned by the law who is aware that his wife has been publicly convicted of adultery, or that she is an adulteress, as he cannot simulate ignorance of the fact, and retain her as his wife.
Published on the sixth of the Kalends of August, during the Consulate of the Emperor Valerian, Consul for the fourth time, and Gallienus, Consul for the third time, 258.
18. The Same Emperors and the Csesar Valerian to Theodora.
There is no doubt that he who has two wives at once is branded with infamy, for, in a case of this kind, not the operation of the law by which Our citizens are forbidden to contract more than one marriage at a time, but the intention, should be considered; and therefore he who pretended to be unmarried, but had another wife in the province, and asked you to marry him, can lawfully be accused of the crime of fornication, for which you are not liable, for the reason that you thought that you were his wife. You can obtain from the Governor of the province the return of all your property of which you deplore the loss on account of the fraudulent marriage, and which should be restored to you without delay. But how can you recover what he promised to give you as his betrothed ?
Adopted at Antioch, on the Ides of May, during the Consulate of Tuscus and Bassus, 259.
19. The Emperors Diocletian and Maximian to Pompeianus.
Although it is an undoubted rule of law that, whenever an accusation of adultery is made, the presence of the accuser is required, still, as We have learned from your letters that Materia, the wife of
Propositus, who was absent on a journey, was convicted of adultery with Julian after her slaves had been put to torture; and that, when sentence was about to be passed upon her, she demanded that her husband should be present, as the case was almost terminated, and the crime in question had been proved, We do not think that Propositus should be recalled from a distance.
Given on the Nones of December, during the Consulate of the above-mentioned Emperors.
20. The Same Emperors and Cassars to Didymus.
The laws punish the detestable wickedness of women who prostitute their chastity to the lusts of others, but does not hold those liable who are compelled to commit fornication through force, and against their will. And, moreover, it has very properly been decided that their reputations are not lost, and that their marriage with others should not be prohibited on this account.
Published on the third of the Nones of October, during the Consulate of Diocletian, Consul for the fourth time, and Maximian, Consul for the third time, 290.
21. The Same Emperors and Cassars to Silanus.
Although certain times have been prescribed by law with reference to the commission of adultery, and the accusing of wives, which times must be properly computed, still, if you were unable to file an accusation on account of your having a public employment, and the prescribed term expired before you relinquished your office, you have full power to bring the accusation after you have done so. You should, however, not delay after you have vacated the office; nor should you, for the purpose of terrifying your adversary, make a pretence of bringing an accusation with unrestrained impetuosity.
Published on the fourteenth of the Kalends of November, during the Consulate of Diocletian, Consul for the fourth time, and Maximian, Consul for the third time, 290.
22. The Same Emperors and Cassars to Oblimosus.
If a woman whom you have carnally known indiscriminately sold herself for money, and prostituted herself everywhere as a harlot, you did not commit the crime of adultery with her.
Published on the twelfth of the Kalends of November, during the Consulate of Diocletian, Consul for the fourth time, and Maximian, Consul for the third time, 290.
23. The Same Emperors and Csesars to Proculus.
Slaves cannot accuse their wives of adultery for violation of conjugal faith.
(1) Again, where a man has legally married a wife after she has been divorced, and, through fear of an accusation which had been filed, as well as of the influence of the former husband, gave gold and silver to the accuser; he can appear before the Governor, not only for
the purpose of recovering the property, but also to punish the base desire for gain; and, after the allegations of the parties have been heard, and the truth of the matter inquired into, if he should ascertain that anything had been given by the innocent party on account of the fear of prosecution for crime, he must render his decision accordingly, and in compliance with what has been provided by law.
When, however, it is established that the money was paid as a consideration for dishonorable marriage, and for the purpose of obtaining immunity, he will order that the person who received the money in violation of the Decree of the Senate, in such a detestable transaction, shall be punished.
Published on the Kalends of November, during the Consulate of Diocletian, Consul for the fourth time, and Maximian, Consul for the third time, 290.
24. The Same Emperors and Csesars to Dionysii.
If you should be accused of adultery by her with whom you have lived in violation of law, you can defend yourself by an innumerable number of expedients.
25. The Same Emperors and Csesars to Sossianus.
Although it is established by the contents of certain documents that you are consumed with the lust of immoderate desire, still, as it has been ascertained that you confined yourself to female slaves, and did not have intercourse with free women, it is clear that by a sentence of this kind your reputation suffers, rather than that you become infamous.
Published on the fifth of the Ides of March, during the Consulship of Tiberianus and Dio, 291.
26. The Same Emperors and Csesars to Crispinus.
As Alexander, who was accused of the crime of adultery, pleaded an exception on the ground that the accuser, after the adultery was discovered, kept his wife with him, We think that his status should now be investigated, and the order of the proceeding be reversed, so that, in the first place, inquiry should be made as to the civil condition of Alexander; and if, after having heard the case, you should ascertain that he is free, you can authorize him to plead the exception.
If, however, you should find that he is a slave, all the impediments caused by the exception having been removed, you must immediately punish the accusation of adultery, and if you find him guilty, impose the penalty which the laws have prescribed for the offence.
Given on the fifth of the Kalends of September, during the Consulate of the above-mentioned Emperors.
27. The Same Emperors and Csesars to Phoebus.
Adultery committed with a man whom a woman afterwards married is not extinguished by the fact of the marriage.
Published on the eighteenth of the Kalends of January, during the Consulate of the Caesars.
28. The Same Emperors and Csesars to Concordius, Proconsul of ffumidia.
Our respect for chastity is such that We have determined to remove the ambiguities of former laws, and decide with reference to the trial for adultery; all exceptions having been abolished, except that based on prescription of five years; the one relative to pimping, which can be pleaded against the husband; and that of which the woman can avail herself after the former marriage has been dissolved, and before notice has been served upon her not to contract a second one, namely, that her accomplice in the crime be prosecuted; for it is unworthy that legal technicalities should prevent the punishment of violated chastity.
Published on the Kalends of June, during the Consulate of Tuscus and Anulinus, 295.
29. The Emperor Constantine to Africanus.
It should be ascertained whether the woman who committed adultery was the owner of the inn, or only a servant; and if, by employing herself in servile duties (which frequently happens), she gave occasion for intemperance, since if she were the mistress of the inn, she will not be exempt from liability under the law.
Where, however, she served liquor to the men who were drinking, she would not be liable to accusation as having committed the offence, on account of her inferior rank, and any freemen who have been accused shall be discharged, as the same degree of modesty is required of these women as of those who are legally married, and bear the name of mothers of families.
Those, also, are not subject to judicial severity who are guilty of fornication or adultery, and the vileness of whose lives does not render them worthy of the attention of the laws.
Signed and given at Heraclia, on the third of the Nones of February, during the Consulate of Constantine, Consul for the seventh time, and the Caesar Constantius, 326.
30. The Same Emperor to Evagrius.
Although the crime of adultery is included among public offences, the accusation of which is granted to all persons without distinction, still, in order that those who inconsiderately wish to cause discord in households may not be allowed to do so, it is hereby decreed that only the nearest relatives of the guilty party shall have the power to bring the accusation; that is to say, the father, the brother, and the paternal and maternal uncles, whom genuine grief may impel to prosecute. We, however, also give the said persons permission to revoke the accusation, by withdrawing it, if they should so desire.
The husband, above all others, should be considered the avenger of the marriage bed, for he is permitted to accuse his wife on suspicion, and he is not forbidden to retain her, if he only suspects her; nor will he be liable if he files a written accusation when he accuses her as her husband, a privilege which was established by former Emperors.
Moreover, We decree that strangers shall be prevented from bringing such charges, for although every kind of accusation renders the person who makes it in writing liable in case it should not be proved, still, some persons boldly make them and disturb marriages with false denunciations.
Those who have violated the sanctity of marriage should be punished with death.
Published at Nicomedia, on the seventh of the Kalends of May, during the Consujate of Constantine, Consul for the seventh time, and the Caesar Constantius, Consul for the fourth time, 326.
Extract from Novel 134, Chapter X. Latin Text.
At present, however, a woman convicted of adultery is placed in a monastery, from which her husband is permitted to remove her within the term of two years. After the two years have expired, without her husband having taken her back, or, before that, if he should have died, the adulteress, having had her head shaved, and assumed a religious habit, shall remain there during lifetime, and her property, if she has any, shall be divided into three parts, two of which should be given to her children, and the third to the monastery. When she has no children, and her parents are living and did not consent to her crime, they shall receive a third part of her property, and the monastery two-thirds of the same. If her aforesaid relatives are not living, all of her property shall be acquired by her monastery, and, in every instance, all rights under dotal agreements are reserved for the benefit of the husband.
Extract from Novel 117, Chapter XV. Latin Text.
If anyone should notify a man, whom he suspects of being intimate with his wife, three times in writing, in the presence of three witnesses who are worthy of confidence, to discontinue his relations with her, and afterwards should surprise him with his wife, either in his own house, or in hers, or in that of the adulterer, or in a tavern, or in a garden, he can kill her without any risk to himself. If he should find him anywhere else, he must bring him with three witnesses before the judge who will have a right to punish him without any further proceedings.
If, however, after having been notified three times, as above stated, the parties should be found talking together in a church, the husband can deliver both to the defender of the church, or to any other members of the clergy, with the understanding that they must be individually responsible for their custody until the judge having jurisdiction shall order the bishop of the diocese to produce the said persons before him, so that they may be put to torture, and notice be given by him to the Governor of the province, who will impose the penalty prescribed by law.
31. The Emperors Constantine and Constans to the People. When a man marries, and his wife becomes pregnant, what can be desired of the woman when her sex is lost sight of; when what it is of
no advantage to know becomes a crime; when the sexual act assumes another form; when love is sought, but does not appear? We order the laws to rise up, and justice to be armed with the avenging sword, that the severest penalty may be visited upon those who are now, or shall hereafter, be guilty of this infamous offence.
Given at Milan, on the day before the Nones of December, and published at Rome on the seventeenth of the Kalends of January, during the Consulate of Constantine, Consul for the ninth time, and Constans.
32. The Emperors Gratian, Valentinian, Theodosius, and Arcadius to Cynegius, Prsetorian Prefect.
In an investigation of adultery, inquiry must be made without excepting any of all the slaves belonging, not only to the husband, but also to the wife, who are alleged to have been in the house at the time when the adultery was committed.
Given at Constantinople, on the third of the Ides of December, during the Consulate of Arcadius and Bauto, 385.
33. The Emperors Theodosius, Arcadius, and Honorius to Rufinus, Prsetorian Prefect.
When a charge of adultery has been made, We order that all civil exceptions by means of which a dowry may be claimed, or any other debt demanded, and which are ordinarily pleaded and examined, to be set aside, and that the progress of the case shall not be delayed through their interposition. But when the accusation has been formulated, that is to say, when it has been regularly instituted, whether it was filed under the right of a husband, or under that of a stranger, the crime shall be investigated, the evidence produced, the more important matters in dispute settled, and all civil actions be subordinated to the criminal prosecution. The woman will afterwards have the right to begin any civil proceedings to which he is entitled, provided they do not interfere with the conduct of the criminal case.
Given at Constantinople, on the seventh of the Ides of December, during the Consulate of Arcadius, Consul for the second time, and Rufinus, 392.
34. The Same Emperors to Rufinus, Prsetorian Prefect.
Where persons accused of adultery repel the accusation under the pretext of relationship, stating that, for this reason, allegations relating to commission of the crime ought not to be believed, or that it was impossible that it should have been committed, and they are afterwards married, the offence of which they were accused shall, merely by this fact, be considered to have been proved clearly and by legal evidence. Therefore, if any such persons should be met with, We order that they shall be severely punished, just as if they had been convicted of the crime, and had confessed it.
Given at Constantinople, on the day before the Nones of December, during the Consulate of Theodosius, Consul for the third time, and Abundantius, 393.
35. The Emperors Honorius and Theodosius to Palladius, Praetorian Prefect.
If a woman should repudiate her husband without any legal reason having been assigned by her for so doing, We grant the repudiated husband permission to accuse her, if she should stain her widowhood with acts of debauchery.
Given on the twelfth of the Kalends of March, during the Consulate of Eustachius and Agricola, 421.
36. The Emperor Justinian to John, Praztorian Prefect.
Former legislators have directed that the freedom of slaves, who belong either to the wife, the husband, or their parents, in case of the repudiation of either of the parties on account of suspicion of the crime of adultery, shall remain in suspense for the term of two months, which must be reckoned from the date of the repudiation, on account of the torture to be inflicted upon them in case it should be deemed necessary. But, as your wife died after your marriage was dissolved in the above-mentioned manner, nothing further is stated by the authorities concerning any additional time during which the slaves shall be required to remain in their present condition for the reason above mentioned.
It, however, seems to Us to be necessary to fix a certain period in a case of this kind, with a view to determining the question of dowry, and whether it should belong to the husband, or be transferred to the heirs of the wife. Hence We order that, after the death of the wife, another two months shall be added, so that the above-mentioned slaves may remain together, and the husband have the power to prove the adultery by them. When the above-mentioned time has elapsed, the heir of the woman will have permission to grant freedom to the slaves, unless he was to blame for the husband being prevented from bringing the accusation of adultery during the term prescribed by law.
Given at Constantinople, on the fifth of the Kalends of November, after the Consulate of Lampadius and Orestes, 532.
37. This Law is not Authentic.
TITLE X. WHERE A GUARDIAN CORRUPTS His FEMALE WARD.
1. The Emperor Constantine to Bassus, Vicegerent of Italy.
When a guardian violates the chastity of his female ward, he shall be sentenced to deportation, and all his property shall be confiscated to the Treasury, although he must still suffer the penalty which the laws inflict upon ravishers.
Given at Aquileia, on the day before the Nones of April, during the Consulate of Constantine, Consul for the seventh time, and Con-stantius, 326.
TITLE XL
CONCERNING WOMEN WHO COPULATE WITH THEIR OWN SLAVES.
1. The Emperor Constantine to the People.
When a woman is convicted of having secretly had sexual intercourse with her slave, she shall be sentenced to death, and the rascally slave shall perish by fire. Every facility for the proof of this crime shall be afforded all persons, any official can bring the charge, and even the slave-himself shall be permitted to testify concerning it, and if it should be established, he must be granted his freedom. Children born of such an union shall be deprived of all insignia of rank, and shall have nothing but their freedom, nor will they be entitled to receive anything from the estates of their mothers, as bequests under her will, either directly or through the intervention of others.
Moreover, the intestate succession of the woman will pass to her legitimate children, or to her nearest relatives, or to those who are designated by law. All the property which the slave who was convicted may have been entitled to, and anything which could, under any circumstances, have been obtained by the children of this union, as belonging to the woman, can be claimed by the heirs above mentioned.
Given on the fourth of the Kalends of June, during the Consulate of Constantine, Consul for the seventh time, and the Caesar Constan-tius, 326.
TITLE XII.
ON THE LEX JULIA RELATING TO PUBLIC OR PRIVATE VIOLENCE.
1. The Emperors Severus and Antoninus to Pelitia.
Those who seize the property of a wife on account of a debt of her husband, or because of some public civil liability which he has incurred, are considered to have been guilty of violence.
Given at Rome, on the Kalends of July, during the Second Consulate of Antoninus and Geta, 206.
2. The Emperor Antoninus to Verus.
If the third part of the property of your guardian, who was convicted under the Lex Julia relating to private violence, has been confiscated to the Treasury, bring an action of guardianship to recover the portion which your guardian obtained from the Treasury, provided no prescription can be pleaded against you, for each heir of the estate is liable for his proportionate share.
Published on the fifteenth of the Kalends of March, during the Consulate of Antoninus, Consul for the fourth time, and Balbinus, 214.
3. The Emperors Diocletian and Maximian, and the Csesars, to Bianorus.
If, as you allege, your son's betrothed has been taken away from him, or your son has been shut up, you will not be prevented from bringing an accusation of violence before the Governor of the province under the provisions of the Lex Jidia.
Published at Verona, on the eighth of the Kalends of May, during the Consulship of the above-mentioned Emperors.
4. The Same Emperors and Csssars to Liberating.
If you think that a criminal accusation should be brought on account of the property carried away by a slave, you should not bring it against the master of the slave, but against him who you allege committed the offence. But as you state that you have also been beaten by the said slave Fiscinulus, you can proceed against his master also (if you think that he should be prosecuted for private violence under the Lex Julia) before the Governor, who will not be ignorant in what way punishment should be inflicted, if the crime should be proved.
5. The Same Emperors and Csesars to Oplo.
Even if a creditor should take possession of land by force, he can be accused of private violence under the terms of the Lex Julia.
Ordered at Nicomedia, on the sixth of the Ides of December, during the Consulate of the Csesars.
6. The Emperor Constantine to Catulinus, Proconsul of Africa.
As many crimes are classed under the term "violence," and as force is often employed against those who resist, and blows are inflicted upon others who indignantly return them, and murder not infrequently results, it has been decided that if anyone, either on the side of the person in possession, or on that of him who rashly attempts to obtain it, should be killed, he must be punished who attempted to employ force, and was responsible for the injuries of either party, and he shall not merely be sentenced to relegation, or deportation to an island, but shall suffer death, and the judgment pronounced against him shall not be suspended by appeal.
Given on the fifteenth of the Kalends of May, during the Consulate of Gallicanus, and Bassus, 317.
7. The Same Emperor to Bassus, Prefect of the City.
When anyone asserts that a tract of land, or any other property, belongs to him, and thinks that he is entitled to restitution of possession of the same, or institutes civil proceedings to obtain it or brings an accusation of violence, after having complied with the legal formalities, he is hereby notified that if he cannot prove the commission of the crime, he shall suffer the same penalty which the defendant would have undergone, if guilty. But if, having failed to serve notice upon the party in possession, he should employ force against him, We order that the case involving violence shall be heard
before any others, and whatever has happened to the party in possession should be ascertained, so that the right to possession of the property which he lost may be restored to him; and that, when this has been done, if a criminal accusation should be brought, the penalty for violence shall not be inflicted, but the decision of the entire case shall be postponed, so that the principal matter may be disposed of; and if judgment should be rendered against him, he shall be deported to an island, after the confiscation of all his property.
Published at Rome, on the day before the Nones of October, during the Consulate of Constantine, Consul for the fifth time, and the Caesar Licinius, 319.
8. The Emperors Valentinian, Theodosius, and Arcadius to Albinus, Prefect of the City.
We decree that slaves who have been guilty of violence, whether this is proved by the evidence of witnesses or by their own confessions, and if they have committed the violence without the knowledge of their masters, shall suffer the extreme penalty for the offence which they have perpetrated. If, however, they committed it through fear, or by order of their masters, it is clear that, according to the Lex Julia, the latter should be declared infamous, and be deprived of any privileges they enjoy, either on account of their country, or their birth; and the slaves who are proved to have obeyed such wicked commands shall, after conviction, be sent to the mines. Vile and degraded persons, as well as those who have frequently been convicted of having perpetrated acts of violence, are liable to the same penalty under the Imperial constitutions.
The judge must remember that he will be branded with infamy if he should delay to pass sentence for the crime of violence, after it has been established before him; or should refuse to hear the accusation, or should grant immunity to the offender; or should impose a milder penalty than We have prescribed.
Given at Milan, on the day before the Nones of March, during the Consulate of Valentinian, Consul for the fourth time, and Neoterius, 290.
9. The Emperors Honorius and Theodosius to Aurelius, Prsetorian Prefect.
The crime of one who robs, and of one who knowingly retains the stolen property, are not dissimilar.1
Given on the third of the Nones of March, during the Consulate of Honorius, Consul for the tenth time, and Theodosius, Consul for the fifth time, 415.
1The rapina of the Roman jurisconsults, known to us as highway robbery, was denned by them to be the open and forcible taking away of personal property from another against his will, for the sake of gain. "Rei mobilis alienx ablatio manifesto, et violenta invito domino lucro facienda gratia." The offence is not included among those enumerated in the Laws of the Twelve Tables, hence, as it must have existed in all a.ges, it has very plausibly been surmised that it was orig-
10. The Emperors Leo and Anthemius to Nicostratits, Prsetorian Prefect.
We desire that all persons, both in the towns and in the country, shall be deprived of permission to harbor thieves, vagabonds, and
inally called furtum manifestum, or manifest theft; especially as there is nothing in the etymology of the term furtum, which is, in the slightest degree, suggestive of the concealment which we are accustomed to associate with larceny. It was specifically created a public offence by the Edict of the Praetor, and was confined to movables, which alone would admit of contractatio, or handling (obviously not applicable to real property), which was declared essential to constitute the crime of furtum, whether manifest or non-manifest. It differed from manifest theft solely in being accompanied with violence, and the penalty was the same, namely, quadruple damagesincluding the article stolento be collected by means of the Actio vi bonorum raptorum. The practical identity of the offence with manifest theft is also indicated by the fact that the penal action for the latter could also be brought at the option of the injured person, a proceeding which was, in some respects, the preferable one, inasmuch as the claim for damages did not, in this instance, include the valuation of the property which was the basis of the suit.
The ancient Babylonians punished highway robbery with death, and, in case the criminal escaped, the district in which it occurred was liable for damages. "If a man practice brigandage and be captured that man shall be put to death."
"If the brigand be not captured, the man who has been robbed shall, in the presence of God, make an itemized statement of his loss, and the city and the governor, in whose province and jurisdiction the robbery was committed, shall compensate him for whatever he lost." (The Code of Hammurabi 22, 23.)
It was also punished capitally by the Hindus. "Whoever robs on the Highway: The Magistrate shall cause a Rope to be tied about his Neck, and shall thus deprive him of life." (Gentoo Code XVII, 3.)
The laws of the Saxons required the return of the stolen goods and the payment of a fine of sixty shillings. "If anyone within the limits of our realm commit 'reaf-lac' and 'nyd-naeme,' let him give up the 'reaf-lac' and pay LX shillings as 'wite.'" (Ancient Laws and Institutes of England; The Laws of King Ine, 10.)
"If anyone commit 'reaf-lac' let him give it up, and compensate, and be liable in his 'wer' to the king." (Ibid., The Laws of King Canute, 64.)
The early English jurists, who treated robbery as a form of manifest theft, derived the definition from the Civil Law. "Est etiam quasi furtum, rapina quse idem est quantum ad nos quod roberia, & est aliud genus eontraotationis contra voluntatem domini, & similis posna sequitur vtrumque delictum, et vnde prsedo dieitur fur improbus; quis enim magis contractat rem aliquam inuito domino, quam ille qui vi rapit?" (Bracton, De Legibus et Consuetudinitus Anglix III, 150.)
Employment of violence was always indispensable, but taking from the person was not, if the article was removed from the presence of the injured party against his consent. Its value was not fixed, as in the case of grand larceny, at a specified sum, and anything seized under such circumstances, no matter what it may have been worth, comes within the law. "Robbery est, quant ascun home prent ascu chose del parson du auter felonisement, in tiel cas coment que la chose prise ne soit al value forsque dun denier; vncore ceo est felonye, pur quel il serra pendus."
"Si vn prist ascun de mes chattels apertement deins tiel lieu ou leo suis preset, & encounter mon gree, que ceo est robbery coment que il ne ceo prist de man person." (Staundf orde, Les Plees del Cor on I, 10.)
The definition of robbery as given by the old jurisconsults is still accepted in England. Originally capital, like all serious felonies, it is now punishable by penal servitude for from five years to life. (Vide Stephen, A Digest of the Criminal Law, Arts. 296, 313.)
When this offence is committed, or even an attempt was made to perpetrate it by a number of armed persons, in China, the penalty is death.
The punishment of individual offenders is usually less severe. The magistrates, however, are invested with discretionary power, and can inflict a capital
armed fugitive slaves. If anyone, in violation of this law which We have promulgated for the public welfare, should attempt to entertain armed slaves, vagabonds, or robbers on his premises, or near his person, We order that he shall be punished severely, after having been sentenced to pay a fine of a hundred pounds of gold.
The illustrious Governors of provinces should see that no one dares to violate this law in any respect, and if they do so knowingly, they shall be stripped of their rank and office, and, after having been condemned to pay a fine of a hundred pounds of gold, shall be put to
sentence when there are aggravating circumstances attending the crime, and they must do so if the victim is wounded. "All persons found guilty of taking unlawful possession of the property of others, in open day and by forcible means, shall, however small the amount of the property so taken, be punished with 100 blows and banishment for three years." (The Penal Code of China, Secs. CCLXVI, CCLXVIII.)
Japan punishes robbery with imprisonment for not less than three years in ordinary cases, a term which may extend to five, or even ten years, where justice seems to demand it. (Penal Code of Japan, Arts. 273, 277, 279.)
The penalties in Germany vary from imprisonment for six months, where extenuating circumstances exist, to confinement at hard labor for life, where the crime is of a peculiarly atrocious character. Burglary of an inhabited building is classed under this head. (Strafgesetzbuch filr das Deutsche Reich, Secs. 249, 250, 251.)
Austria prescribes imprisonment of from five to twelve years, dependent upon the conditions under which the crime was perpetrated. The mere display of violence, without taking the property, is sufficient to incur criminal liability. (Allge-meines Strafgesetz, Arts. 190, 191, 192, 193.)
The desire of gain is a necessary element of the offence by Spanish law, and the value of the property involved is an important consideration in passing sentence. The number of malefactors and the fact that they are armed are matters of aggravation, in fixing the penalty; which is imprisonment for from two months and a day to confinement in chains for life. (Codigo Penal de Espana, Arts. 515-529.)
In Prance, anyone guilty of robbery can be sentenced to hard labor for a term of years, or for life. (Code Penal, Art. 382.)
Imprisonment for from three to ten years is the penalty prescribed by the Italian Code. (Codice Penale del Regna d'ltalia, Art. 400.)
Numerous penalties for this offence exist in Portugal. They vary from imprisonment for a few months to more than eight years, which, in aggravated cases, may be followed by banishment for terms up to fifteen years. (Codigo Penal Portuguez, Arts. 432-444.)
Nearly all the penal codes of continental Europe describe burglary as a species of robbery by violence, for which, when committed in an inhabited house, very severe punishment is imposed. When death or wounding result, the offence becomes capital.
American law defines robbery to be "The felonious and forcible taking of the property of another, from his person or in his presence, against his will by violence or by putting him in fear. The property must be the subject of larceny, whether common law or statutory." As in theft, the animus furandi is necessary. Force, either actual or manifested by threats, being absolutely requisite to constitute the offence, the value of the stolen property need not be proved. (Wharton, Criminal Law, Arts. 1081, 1083.)
The penalty under the United States statutes is imprisonment for not more than fifteen years. (Barnes, Federal Code, Sec. 9985.)
In the various commonwealths, the culprit is usually sentenced to a long term of penal servitude; in some of the western states, however, train robbery is a capital crime.ED.
death, and their principal retainers, as well as the attendants attached to their persons, shall also be condemned to death, in addition to the confiscation of their property.
Given on the fifth of the Kalends of September, during the Consulate of Anthemius, Consul for the second time, 468.
TITLE XIII. CONCERNING THE RAPE OF VIRGINS, WIDOWS, AND NUNS.
1. The Emperor Justinian to Hermogenes, Master of the Offices.
We decree that ravishers of virgins, who are of honorable rank or freeborn, whether they have been betrothed or not, or of widows of any description, whether they are freedwomen or the slaves of others, shall be punished with death, as being guilty of the worst of crimes; especially when they are widows or virgins consecrated to God, for not only in this case is an injury committed against humanity, but against the reverence due to Almighty God himself; since the virginity or chastity which has been destroyed cannot be restored. It is with reason that person of this kind are condemned to death as ravishers, as they are frequently also guilty of homicide.
Therefore, in order that a crime of such atrocity may not go unpunished, We decree by this general constitution that those who perpetrate it, as well as those who aid them at the time, where they are caught in the act and surprised when committing it, can immediately be killed by the fathers or the blood-relatives, guardians, curators, patrons or masters of the said virgins, widows, or women of any description whatsoever, whether they are freeborn or not.